National Ports Act, 2005 (Act No. 12 of 2005)Chapter 6 : Provision of Port Services and Port Facilities and Use of Land67. Restructuring and reform of ports |
| (1) | If, in any area within a port— |
| (a) | it is necessary to change the use to which immovable property may be put in order to improve the safety, security, efficiency and effectiveness of the operations of the port, the Authority may in writing addressed to the lessee and every lawful occupier of such property, direct that the use be altered to a new use; |
| (b) | the terms of a long-term lease which existed immediately before this section took effect are substantially prejudicial to the operation of a port, including terms providing for unreasonable low rentals or containing no restrictions on sub-letting or no provision confining the use of the property to a use relating to the relevant port, the Authority may in writing addressed to the lessee direct that the applicable terms be renegotiated in order to remove the prejudice; or |
| (c) | persons from historically disadvantaged groups are excluded from taking part in the economic activities of the port in terms of long-term leases which existed immediately before this section took effect, the Authority may in writing addressed to the lessee direct that any such lease be renegotiated in order to ensure equitable access to the economic activities in the area in question. |
(2)
| (a) | A directive issued under subsection (1)(a) may stipulate that any lease that is inconsistent with the new use shall be invalid from a date stipulated in the notice. |
| (b) | Before issuing a directive under subsection (1)(a), the Authority must in writing give the lessee and every lawful occupier of the property concerned— |
| (i) | reasonable notice of the proposed change in use; |
| (ii) | full reasons for the proposed change in use; and |
| (iii) | a reasonable opportunity to make representations on the proposed change in use. |
(3)
| (a) | In the event of a directive being issued under subsection (1)(b) or (c), the Authority and the lessee must endeavour to negotiate the terms of a new lease in relation to the immovable property. |
| (b) | If the Authority and the lessee are unable to reach an agreement as to the new terms of the lease in question, the Authority may, by written notice addressed to the lessee, declare the relevant lease to be invalid as from a date specified in the notice. |
| (4) | If the application of this section results in an expropriation of property, section 25 of the Constitution applies. |